1. SUpreme Court Cases

2. SUpreme Court Cases Marbury v. Madison, 1803 Marshall Judicial review
Case Name & Year
Chief Justice
Issue
Background
Outcome
Marbury v. Madison, 1803
Marshall
Judicial review
Checks & balances
Federalists vs. Democratic-Republicans; Jefferson beat Adams in the election of 1800; Adams’ Federalists tried to hold onto power with appointments of new “midnight judges” to federal courts
Marbury (Federalist appointee) lost the claim to his job. This case set the precedent of judicial review (meaning that the court can interpret and rule upon the actions of Congress & the president)
Fletcher v. Peck, 1810
Property rights
Sanctity of contracts
Georgia legislature was bribed by land speculators; Georgia voters elected a new legislature and sued to invalidate crooked property deeds.
The Supreme Court ruled that the land deeds stand, reflecting a laissez-faire approach to business. (In the late 1800s, this precedent prevented regulation of big business.)
Dartmouth College v. Woodward, 1819
Sanctity of contracts/ charters
New Hampshire wanted more state/public control over Dartmouth College, but it had been chartered as an independent, private university by King George III
The Supreme Court ruled that the charter stands; reflecting a laissez-faire approach to business. (In the late 1800s, this precedent prevented regulation of big business.)
McCulloch v. Maryland, 1819
Necessary & proper (elastic) clause
National supremacy
National bank
Maryland, like many southern states, was hostile to the national bank because they believed it to be unconstitutional. Maryland imposed a tax on the Baltimore branch of the national bank, which the bank’s clerk, McCulloch, refused to pay.
The Supreme Court ruled that national bank is constitutional based on the power of Congress to regulate commerce and the necessary and proper (elastic) clause. Maryland cannot tax the bank because of the principle of national supremacy. “The power to tax is the power to destroy,” and Maryland could not be given that power over the bank.

3. SUpreme Court Cases Cohens v. Virginia, 1821 Marshall
Case Name & Year
Chief Justice
Issue
Background
Outcome
Cohens v. Virginia, 1821
Marshall
State vs. national government
National supremacy
Cohens was selling lottery tickets illegally in Virginia. Virginia prosecuted him under state law and Cohens appealed his conviction to the federal courts.
Cohens lost his appeal, but by hearing and deciding this case, the Supreme Court established its power to review state laws & court decisions.
Gibbons v. Ogden, 1824
Interstate commerce; national supremacy
Gibbons & Ogden both ran steamboats ferrying passengers and goods from New York to New Jersey. Gibbons sued to protect his state-issued monopoly license from competition from Ogden’s federally-licensed operation.
Gibbons lost. The Supreme Court ruled that national laws are supreme over state laws. Only the national government can regulate interstate commerce. (This case would be a precedent for later cases on the regulation of big businesses like railroads and telegraph companies.)
Cherokee Nation v. Georgia, 1830
Worchester v. Georgia, 1832
Indian Removal Act

4. SUpreme Court Cases Charles River Bridge v. Warren Bridge, 1837 Taney
Case Name & Year
Chief Justice
Issue
Background
Outcome
Charles River Bridge v. Warren Bridge, 1837
Taney
Business contracts and monopolies
Toll bridge companies sued each other to protect their government-issued monopolies
Monopoly cannot be interfered with; state can regulate trade; prevented regulation of trusts in the late 1800s
Dred Scott v. Sanford, 1857
Slaves and civil rights
Dred Scott lived for a time in free land; he sued his master for his emancipation
Scott lost the case; “no rights that a white man is bound to respect’; enraged abolitionists b/c it violated the Missouri Compromise… Dems split, 1860 election was won by Rep. Lincoln
Ex Parte Milligan, 1866
Chase
Military tribunals
Lincoln suspended Habeas Corpus & arrested Milligan for plot against Indiana state government during the Civil War
Supreme Court ruled that civilians can’t be tried in military tribunals
Slaughter-house Cases, 1873
Civil rights; 14th Amendment
Munn v. Illinois, 1877
Waite
State regulation of business
Illinois Grangers (farmers advocates) passed laws to regulate RR industry
States may regulate grain elevators on RRs b/c they are intrastate commerce

5. SUpreme Court Cases
Case Name & Year
Chief Justice
Issue
Background
Outcome
Santa Clara County v. Southern Pacific RR, 1886
Waite
“Corporate personhood”
California placed regulations on railroads; Southern Pacific RR challenged the regulations in court
Corporations are persons under the the Fourteenth Amendment and have constitutional rights
Wabash v. Illinois, 1886
interstate regulation of business
Illinois Grangers passed laws to regulate interstate RR commerce
S.C. overruled Illinois law b/c states can’t regulate interstate commerce; Federal government later passed Interstate Commerce Act
US v. EC Knight Co., 1895
Fuller
state regulation of monopolies
state tried to regulate oil monopoly (anti-trust law)
S.C. overruled state anti-trust law b/c oil company was an interstate business
Plessy v. Ferguson, 1896
Af Am rights; 14th Amendment
Creole man refused to move from his seat on RR; he was arrested under segregation law
SC ruled that segregation is legal; “separate but equal”; overturned by Brown v. Board
Insular Cases,
Rights for residents of annexed territories
In late 1800s, the US gained control over Guam, Puerto Rico, Philippines, Alaska and Hawaii. "Does the Constitution follow the flag?"
Supreme Court full citizenship rights for Alaska and Hawaii, limited rights in other territories.

6. SUpreme Court Cases Northern Securities v. US, 1904 Fuller
Case Name & Year
Chief Justice
Issue
Background
Outcome
Northern Securities v. US, 1904
Fuller
Trust busting
T. Roosevelt used Sherman AT act to bust RR trust
N Securities was dissolved… victory for progressives
Lochner v. New York, 1905
Labor laws
Bakers wanted reduced hours (10 hr day); no more than 60 hours per week
SC overturned the labor law; said 14th amendment did not provide hour limitations; blow to the Progressive Movement
Muller v. Oregon, 1908
Labor laws… for women
Oregon law limited hours and improved working conditions for women… b/c it could harm their health and health of children
SC agreed with protections for women… “paternalistic” labor law… supported Progressive Movement
Schenck v. US, 1919
White
Freedom of speech in wartime
WWI – Schenck tried to convince young men to resist the draft… in violation of the Espionage & Sedition Acts
SC ruled that freedom of speech can be restricted in wartime… “clear & present danger” … “falsely shouting fire in a crowded theater”

7. SUpreme Court Cases US v. Butler, 1936 Hughes
Case Name & Year
Chief Justice
Issue
Background
Outcome
US v. Butler, 1936
Hughes
Govt regulation of industry
NIRA – National Industrial Recovery Act created partial employment, fair wages, quotas, etc.
SC overturned NIRA… led to court packing scandal
Schecter Poultry v. US, 1936
AAA – Agricultural Adjustment Act… government paid subsidies to farmers to cut production… $ came from tax on producers… take from rich & give to poor
SC overturned AAA… led to court packing scheme
West Virginia State B.O.E. v. Barnette, 1943
Stone
Freedom of religion & speech
State law required students in public school to salute the flag and recite the pledge of allegiance; Jehovah’s Witnesses objected on religious grounds
SC ruled that schools cannot force students to salute and recite the pledge b/c govt cannot compel speech
Korematsu v. US, 1944
Wartime powers; 14th amendment
Japanese American internment after Pearl Harbor attack
SC ruled that internment did not violate 14th amendment… wartime crisis; federal government later apologized & paid reparations to surviving internees

8. SUpreme Court Cases Case Name & Year Chief Justice Issue Background
Outcome
Mendez v. Westminster, 1947
Vinson
Segregation, 14th Amend-ment
Mexican American family sued to integrated children into white Calif. Schools under 14th amendment
SC ruled that schools had to be integrated… “Mexican Brown v. Board”
Sweatt v. Painter, 1950
14th; equal protection
Sweatt was denied admission to Univ of Texas Law School; he was denied b/c he was black
SC ruled that states must integrate law schools… Thurgood Marshall has his “foot in the door”
McLaurin v. Oklahoma Board of Regents, 1950
McLaurin, a black man, was admitted to Oklahoma University but had to sit in hallway and could not interact with white students
SC ruled that colleges must fully integrate … Thurgood Marshall has his “foot in the door”
Dennis v. US, 1951
Freedom of speech & association
Dennis was member of Communist Party; arrested to threats to US government
SC upheld conviction b/c Communist Party is a “conspiracy” against US government, even if Dennis hadn’t made specific threats

9. SUpreme Court Cases Case Name & Year Chief Justice Issue Background
Outcome
Brown v. Board, 1954
Warren
14th; equal protection
Brown’s parent sued to integrated their daughter into white school; “doll test”
SC ruled that separate is inherently unequal; public schools must be integrated… some southern states put up “massive resistance” to the decision
Engel v. Vitale, 1962
1st amendment; religion ins chools
School encouraged daily prayer recitiation by students
Government-directed prayer in public schools violates the Establishment Clause of the First Amendment, even if the prayer is denominationally neutral and students may remain silent or be excused from the classroom during its recitation.
Abington School District v. Schempp, 1963
1st Amend-ment; religion in schools
School allowed student volunteers to read a daily Bible verse over the intercom during announcements
Establishment Clause of the First Amendment forbids state mandated reading of the Bible, or recitation of the Lord's Prayer in public schools.
Gideon v. Wainwright, 1963
Rights of accused; 6th
Gideon was arrested for burglary; lost case b/c he couldn’t afford lawyer; he studied law and appealed case to Supreme Court
SC ruled that states must provide an attorney to indigent defendants

10. SUpreme Court Cases Case Name & Year Chief Justice Issue Background
Outcome
Escobedo v. Illinois, 1964
Warren
Rights of the accused, 6th amendment
Escobedo was interrogated for 14+ hours while repeatedly denied an attorney; he made self-incriminatory statements
If police deny a suspect access to a lawyer, the suspect’s statements may not be used in court
Heart of Atlanta Motel v. US, 1964
14th amendment, interstate commerce
The 1964 Civil Rights Act forced the motel to allow black customers.
Congress may use powers under the Commerce Clause to enforce the Civil Rights Act, which prohibited racial discrimination in public accommodations.
Griswold v Connecticut, 1965
9th amendment
Connecticut law prohibited married couples from using condoms & birth control pills
Laws criminalizing the use of contraceptives violated the right to marital privacy. Privacy is established as a key right under the 9th amendment.
Miranda v. Arizona, 1966
Rights of the accused; 5th amendment
Ernesto Miranda was an accused rapist; confessed to cops when he was taken to jail
SC ruled that officers must inform suspects of their rights.

11. SUpreme Court Cases Case Name & Year Chief Justice Issue Background
Outcome
Loving v. Virginia, 1967
Warren
Interracial marriage, 14th amendment
Richard Loving (white) and Mildred Loving (black/Native American) were sentenced to 1 year in prison for marrying each other
SC declared Virginia's “anti-miscegenation” statute, unconstitutional, ending race-based legal restrictions on marriage
Tinker v. Des Moines, 1969
1st amendment; student rights
High school students wore black armbands with peace symbols on them to protest the Vietnam War during school
The First Amendment does not permit public schools to punish a student for expressing beliefs, as long as student behavior does not create interference with school discipline or the rights of others.
Swann v. Charlotte-Mecklenburg Board of Education, 1970
Burger
14th amendment; integration
Parents complained about long bus rides to other parts of the city in order to achieve integration of schools
Compulsory busing of students to promote integration is permissible.
New York Times v. US, 1971
1st amendment; press
Daniel Ellsberg leaked the “Pentagon Papers” to the NYT and Washington Post; US government sued to prevent publication
SC rejected government’s argument b/c the Pentagon Papers were mostly “historical” and government cannot exercise a “prior restraint” on the press; support for the Vietnam War continued to decline

12. SUpreme Court Cases Case Name & Year Chief Justice Issue Background
Outcome
Roe v. Wade, 1973
Burger
Abortion, women’s rights, privacy
Roe was unmarried young woman who couldn’t get abortion in Texas
SC ruled that women have right to abortion as right to privacy; but established restrictions as pregnancy comes to term
US v. Nixon, 1974
Executive privilege
Watergate scandal… Nixon had evidence on audiotapes; investigators wanted him to turn over the evidence; Nixon claimed exec privilege
SC ruled that Nixon had to turn tapes over; Nixon resigned to avoid impeachment
Regents v. Bakke, 1978
Affirmative action; 14th amendment
Bakke was rejected by UC Medical School; he claimed violation of 14th amendment b/c affirmative action discriminates against white men
SC ruled that affirmative action is OK, but no quotas… encouraged diversity in education and workplace
Texas v. Johnson, 1989
1st; symbolic speech
Johnson burned flag outside Republican National Convention in Dallas; arrested for “desecration of flag”
SC ruled that government cannot restrict ideas simply because they are offensive; protected freedom of “symbolic speech”

13. SUpreme Court Cases Case Name & Year Chief Justice Issue Background
Outcome
Bush v. Gore, 2000
Rehn-quist
2000 election
2000 election was very close; winner of Florida would determine outcome of electoral college; Gore sued for a hand recount
In 5-4 decision along party lines; Supreme Court ordered stop to recount; Bush won
Boy Scouts v. Dale, 2000
1st amendment; 14th amendment; association
Dale was expelled from the Boy Scouts because he was openly gay
Private organizations may exclude members through their First Amendment right to freedom of association in spite of anti-discrimination laws.
Lawrence v. Texas, 2003
14th amendment
Texas law declared sodomy a criminal offense; police caught two men when responding to complaint at a home
Court struck down sodomy laws in thirteen states, making same-sex sexual activity legal.
Hamdi v. Rumsfeld, 2004
Terrorism & rights of accused
Hamdi, a US citizen, was captured in Afghanistan after the 2001 US invasion and held as an “enemy combatant” rather than a prisoner of war or criminal suspect. Hamdi was held in “indefinite detention.”
SC ruled that Hamdi had a limited right to court appearance; Hamdi renounced his citizenship and moved to Saudi Arabia

14. SUpreme Court Cases Case Name & Year Chief Justice Issue Background
Outcome
Hamdan v. Rumsfeld, 2006
Roberts
Inter-national law
After 9/11, foreign terrorist suspects were held at Guantanamo Bay prison and faced military tribunals with very restricted rights
SC ruled that the tribunals violated the Geneva Convention and military regulations; however, many Guantanamo suspects have yet to be released or tried
Citizens United v. Federal Election Commission, 2010
1st amendment; Campaign finance
Congress passed law to restrict corporate, PAC and union contributions to political campaigns
SC ruled that the restrictions violate 1st amendment; “money is speech,” severe blow to campaign finance reform
National Federation of Independent Business v. Sebelius, 2012
Healthcare
Congress passed the controversial “Obamacare” law which requires all Americans to sign up for private or government healthcare by 2014 or pay a penalty
In a 5-4 partisan decision (Roberts switched sides), the Supreme Court upheld the legality of “Obamacare” under the gov’ts power to tax
U.S. v. Windsor, 2013
Obergefell v. Hodges, 2015
Same-sex marraige
In 1996, Congress passed the Defense of Marriage Act (DOMA) which denies federal marriage benefits to same-sex couples and ensures that states that ban gay marriage do not have to recognize such marriages performed in other states.
In Windsor, the Supreme Court struck down the section of DOMA denying federal benefits to same-sex couples. In Obergefell, the Court declared same-sex marriage a protected constitutional right, striking down all state bans on same-sex marriage.

15. SUpreme Court Cases Group Discussion
1) Identify three cases you believe were the most important or “earth-shaking” and explain why.
2) Identify three cases where you believe the court made a mistake or an unjust decision and explain why you believe so.
3) Choose the single most influential chief justice and evaluate his impact.
4) Predict a case you believe may be overturned in the future and explain why it may be overturned.
5) Evaluate the relative power of the Supreme Court, the president and Congress in shaping our laws, economy and society.

16. Famous Trials See here: http://www.umkc.edu/famoustrials/ Trial & Year
Issue
Significance
Anne Hutchinson Trial, 1637
Salem Witchcraft Trials, 1692
John Peter Zenger Trial, 1735
Boston Massacre Trial, 1770
Amistad Trial,
Johnson Impeachment, 1868
Susan B. Anthony Trial, 1873
Haymarket Trial, 1886

17. Famous Trials See here: http://www.umkc.edu/famoustrials/ Trial & Year
Issue
Significance
Sacco & Vanzetti Trial, 1921
Scopes “Monkey” Trial, 1925
Scottsboro Boys Trials,
Nuremberg Trials,
Rosenberg Trial, 1951
My Lai Courts Martial, 1970
Dan White Trial, 1973
Clinton Impeachment, 1999